National Veterinary Accreditation Program; Currently Accredited Veterinarians Performing Accredited Duties and Electing To Participate, 52548-52549 [2011-21526]
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Federal Register / Vol. 76, No. 163 / Tuesday, August 23, 2011 / Rules and Regulations
endometrium on the third set of cultures
only.
We are reopening the comment period
for 15 days to allow additional public
comment on the March 2011 interim
rule, and we particularly welcome
comments on the modifications we are
considering to those requirements
described above.
Based on our review of the comments
received to date, we consider it
advisable to delay the enforcement of
the interim rule until further notice.
This additional time will allow APHIS
to consider all comments and make
adjustments to the interim rule that may
be necessary in order to successfully
implement it.
Accordingly, enforcement of the
interim rule amending 9 CFR part 93,
published at 76 FR 16683–16686 on
March 25, 2011, and delayed until July
25, 2011, in a document published at 76
FR 31220–31221 on May 31, 2011, is
delayed until further notice.
Authority: 7 U.S.C. 1622 and 8301–8317;
21 U.S.C. 136 and 136a; 31 U.S.C. 9701; 7
CFR 2.22, 2.80, and 371.4.
Done in Washington, DC, this 17th day of
August 2011.
Gregory L. Parham,
Administrator, Animal and Plant Health
Inspection Service.
[FR Doc. 2011–21524 Filed 8–22–11; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
9 CFR Part 161
[Docket No. APHIS–2006–0093]
RIN 0579–AC04
National Veterinary Accreditation
Program; Currently Accredited
Veterinarians Performing Accredited
Duties and Electing To Participate
Animal and Plant Health
Inspection Service, USDA.
ACTION: Final rule; technical amendment
and announcement of end of period for
election to participate.
AGENCY:
We are announcing to the
public that veterinarians who are
currently accredited in the National
Veterinary Accreditation Program
(NVAP) may continue to perform
accredited duties and may elect to
continue to participate in the NVAP
until October 1, 2011. The regulations
indicate that currently accredited
veterinarians must elect to continue
their participation in the NVAP in order
rmajette on DSK89S0YB1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
14:22 Aug 22, 2011
Jkt 223001
to maintain their accredited status, after
which we will confirm their continued
participation and notify them of their
first renewal date. A previous document
announced that currently accredited
veterinarians may continue to perform
accredited duties until further notice,
even if they have not received a date for
their first accreditation renewal. That
document stated that we would specify
a date by which veterinarians would
have to elect to participate in a
subsequent document.
DATES: Effective Date: August 23, 2011.
FOR FURTHER INFORMATION CONTACT: Dr.
Todd Behre, National Veterinary
Accreditation Program, VS, APHIS,
4700 River Road Unit 200, Riverdale,
MD 20737; (301) 851–3401.
SUPPLEMENTARY INFORMATION: The
regulations in 9 CFR chapter I,
subchapter J (parts 160 through 162,
referred to below as the regulations),
govern the accreditation of veterinarians
and the suspension and revocation of
such accreditation. These regulations
are the foundation for the National
Veterinary Accreditation Program
(NVAP). Accredited veterinarians are
approved by the Administrator of the
Animal and Plant Health Inspection
Service (APHIS), U.S. Department of
Agriculture, to perform certain
regulatory tasks to control and prevent
the spread of animal diseases
throughout the United States and
internationally.
On December 9, 2009 (74 FR 64998–
65013, Docket No. APHIS–2006–0093),
we published a final rule in the Federal
Register that amended the regulations to
establish two accreditation categories in
place of the former single category, to
add requirements for supplemental
training and renewal of accreditation,
and to offer program certifications. The
final rule was effective February 1,
2010, a date intended to give us time to
prepare to implement the new
regulations, which affect about 71,000
veterinarians who are currently
accredited.
Section 161.3 of the final rule
contained the requirements for
supplemental training and renewal of
accreditation. Because accredited
veterinarians have not previously been
required to renew their accreditation or
complete supplemental training, we
established in paragraph (d) of § 161.3 a
process allowing currently accredited
veterinarians to determine whether they
wished to continue to participate in the
NVAP.
Paragraph (d) of § 161.3 states that
veterinarians who are accredited as of
February 1, 2010, may continue to
perform accredited duties between
PO 00000
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Fmt 4700
Sfmt 4700
February 1, 2010, and the date of their
first renewal. In accordance with
paragraph (d), APHIS provided notice
for 3 months to accredited veterinarians
who were accredited as of February 1,
2010, to notify them that they must elect
to participate in the NVAP as a Category
I or Category II veterinarian. Paragraph
(d) requires veterinarians to elect to
continue to participate within 3 months
of the end of the notification period, or
their accredited status will expire.
Paragraph (d) of § 161.3 goes on to
state that when APHIS receives notice
from an accredited veterinarian that he
or she elects to participate, APHIS will
notify the accredited veterinarian of his
or her date for first renewal. The
accredited veterinarian must then
complete all the training requirements
for renewal, as described in § 161.3, by
his or her first renewal date. The
notification of the first renewal date was
thus intended to be the means by which
APHIS notifies an accredited
veterinarian that we have received
notice that he or she has elected to
participate and can thus continue
performing accredited duties.
In a notice published in the Federal
Register and effective on September 28,
2010 (75 FR 59605–59606, Docket No.
APHIS–2006–0093), we announced that
currently accredited veterinarians may
continue to perform accredited duties
until further notice, even if they have
not received a date for their first
accreditation renewal from APHIS. We
stated that we would also allow
currently accredited veterinarians to
continue to elect to participate in the
NVAP. We took this action because
logistical difficulties had prevented us
from processing the elections to
participate of all the currently
accredited veterinarians (over 50,000)
who elected to participate. We stated
that, when we are closer to reaching the
goal of processing those elections, we
would publish another document in the
Federal Register that would amend
§ 161.3(d) to indicate the date by which
veterinarians must elect to continue to
participate in the NVAP.
We have determined that setting a
deadline of October 1, 2011, will allow
adequate time for currently accredited
veterinarians to elect to continue
participating, if they wish to do so, and
for us to process the elections to
participate that we have received to this
point and any further elections to
participate that may be submitted by
that date. Accordingly, this document
amends § 161.3(d) to indicate that
currently accredited veterinarians must
elect to participate by October 1, 2011.
A Web seminar on the revisions to the
NVAP and how to elect to participate is
E:\FR\FM\23AUR1.SGM
23AUR1
Federal Register / Vol. 76, No. 163 / Tuesday, August 23, 2011 / Rules and Regulations
available at mms://
ocbmtcwmp.usda.gov/content/aphis/
aphis21.wmv.
List of Subjects in 9 CFR Part 161
Reporting and recordkeeping
requirements, Veterinarians.
Accordingly, we are amending 9 CFR
part 161 as follows:
PART 161—REQUIREMENTS AND
STANDARDS FOR ACCREDITED
VETERINARIANS AND SUSPENSION
OR REVOCATION OF SUCH
ACCREDITATION
1. The authority citation for part 161
continues to read as follows:
■
Authority: 7 U.S.C. 8301–8317; 15 U.S.C.
1828; 7 CFR 2.22, 2.80, and 371.4.
§ 161.3
[Amended]
2. In § 161.3, paragraph (d) is
amended by removing the words
‘‘within 3 months of the end of the
notification period’’ and adding the
words ‘‘by October 1, 2011’’ in their
place.
■
Done in Washington, DC, this 17th day of
August 2011.
Gregory L. Parham,
Administrator, Animal and Plant Health
Inspection Service.
[FR Doc. 2011–21526 Filed 8–22–11; 8:45 am]
BILLING CODE 3410–34–P
SECURITIES AND EXCHANGE
COMMISSION
17 CFR Parts 240 and 249
[Release No. 34–65148; File No. S7–02–11]
RIN 3235–AK89
Suspension of the Duty To File
Reports for Classes of Asset-Backed
Securities Under Section 15(D) of the
Securities Exchange Act of 1934
Securities and Exchange
Commission.
ACTION: Final rule.
AGENCY:
Section 942(a) of the DoddFrank Wall Street Reform and Consumer
Protection Act eliminated the automatic
suspension of the duty to file under
Section 15(d) of the Securities Exchange
Act of 1934 for asset-backed securities
issuers and granted the Commission the
authority to issue rules providing for the
suspension or termination of such duty.
We are adopting rules to provide certain
thresholds for suspension of the
reporting obligations for asset-backed
securities issuers. We are also amending
our rules relating to the Exchange Act
reporting obligations of asset-backed
rmajette on DSK89S0YB1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
14:22 Aug 22, 2011
Jkt 223001
securities issuers in light of these
statutory changes.
DATES: Effective Date: September 22,
2011.
FOR FURTHER INFORMATION CONTACT:
Steven Hearne, Special Counsel, in the
Office of Rulemaking, at (202) 551–3430
or Kathy Hsu, Chief, Office of
Structured Finance, Division of
Corporation Finance, at (202) 551–3850,
U.S. Securities and Exchange
Commission, 100 F Street, NE.,
Washington, DC 20549–3628.
SUPPLEMENTARY INFORMATION: We are
adopting amendments to Rules 12h–3,
12h–6, and 15d–22 1 and Form 15 2
under the Securities Exchange Act of
1934 (‘‘Exchange Act’’).3
I. Background and Overview of the
Amendments
Section 942(a) of the Dodd-Frank Wall
Street Reform and Consumer Protection
Act (the ‘‘Act’’) 4 eliminated the
automatic suspension of the duty to file
under Section 15(d) 5 of the Exchange
Act for asset-backed securities (‘‘ABS’’)
issuers and granted the Commission the
authority to issue rules providing for the
suspension or termination of such duty.
We proposed amendments on January 6,
2011 to provide for the suspension of
reporting obligations for ABS issuers
under certain circumstances and to
revise our rules in light of the
amendment of Exchange Act Section
15(d).6 In this release, we are adopting
the rule amendments with some
changes to reflect comments we
received on the proposed amendments.
Exchange Act Section 15(d) generally
requires an issuer with a registration
statement that has become effective
pursuant to the Securities Act of 1933 7
(‘‘Securities Act’’) to file ongoing
Exchange Act reports with the
Commission. Prior to enactment of the
Act, Exchange Act Section 15(d)
provided that for issuers without a class
of securities registered under the
Exchange Act the duty to file ongoing
reports is automatically suspended as to
any fiscal year, other than the fiscal year
within which the registration statement
for the securities became effective, if the
securities of each class to which the
registration statement relates are held of
1 17 CFR 240.12h–3, 17 CFR 240.12h–6, and 17
CFR 240.15d–22.
2 17 CFR 249.323.
3 15 U.S.C. 78a et seq.
4 Pub. L. 111–203 (July 21, 2010).
5 15 U.S.C. 78o(d).
6 Suspension of the Duty to File Reports for
Classes of Asset-Backed Securities Under Section
15(d) of the Securities Exchange Act of 1934,
Release No. 34–63652 (Jan. 6, 2011) [76 FR 2049]
(the ‘‘Proposing Release’’).
7 15 U.S.C. 77a et seq.
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Frm 00017
Fmt 4700
Sfmt 4700
52549
record by less than 300 persons. As a
result, the reporting obligations of ABS
issuers,8 other than those with master
trust structures,9 were generally
suspended after the ABS issuer filed one
annual report on Form 10–K because the
number of record holders was below,
often significantly below, the 300 record
holder threshold.10
The Act removed any class of ABS
from the automatic suspension provided
in Exchange Act Section 15(d) by
inserting the phrase, ‘‘other than any
class of asset-backed securities.’’
Consequently, ABS issuers no longer
automatically suspend reporting under
Exchange Act Section 15(d). Instead, the
Act granted the Commission authority
to ‘‘provide for the suspension or
termination of the duty to file under this
subsection for any class of asset-backed
security, on such terms and conditions
and for such period or periods as the
Commission deems necessary or
appropriate in the public interest or for
the protection of investors.’’ 11
We proposed new Exchange Act Rule
15d–22(b) to provide for suspension of
the reporting obligations for a given
class of ABS pursuant to Exchange Act
Section 15(d) under certain limited
circumstances. In addition, we proposed
to update Exchange Act Rule 15d–22 to
indicate when annual and other reports
need to be filed and when starting and
suspension dates are determined with
respect to a takedown.
We received seven comment letters in
response to the proposed
8 ABS offerings are typically registered on shelf
registration statements and each ABS offering is
typically sold in a separate ‘‘takedown’’ off of the
shelf. In 2004, the Commission adopted Exchange
Act Rule 15d–22 relating to ABS reporting under
Exchange Act Section 15(d). Exchange Act Rule
15d–22 codified the staff position regarding the
starting and suspension dates for any reporting
obligation with respect to a takedown of ABS and
clarified that a new takedown for a new ABS
offering off the same shelf registration statement did
not necessitate continued reporting for a class of
securities from a prior takedown that was otherwise
eligible to suspend reporting. See Asset-Backed
Securities, Release No. 33–8518 (Dec. 22, 2004) [70
FR 1506] (the ‘‘ABS Adopting Release’’).
9 In a securitization using a master trust structure,
the ABS transaction contemplates future issuances
of ABS backed by the same, but expanded, asset
pool that consists of revolving assets. Pre-existing
and newly issued securities would therefore be
backed by the same expanded asset pool. Thus,
given their continued issuance, master trust ABS
issuers typically continue to report, even after the
first annual report is filed.
10 One source noted that in a survey of 100
randomly selected asset-backed transactions, the
number of record holders provided in reports on
Form 15 ranged from two to more than 70. The
survey did not consider beneficial owner numbers.
See Committee on Capital Markets Regulation, The
Global Financial Crisis: A Plan for Regulatory
Reform, May 2009, at fn. 349.
11 15 U.S.C. 78o(d)(2).
E:\FR\FM\23AUR1.SGM
23AUR1
]]>Agencies
[Federal Register Volume 76, Number 163 (Tuesday, August 23, 2011)]
[Rules and Regulations]
[Pages 52548-52549]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-21526]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 161
[Docket No. APHIS-2006-0093]
RIN 0579-AC04
National Veterinary Accreditation Program; Currently Accredited
Veterinarians Performing Accredited Duties and Electing To Participate
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule; technical amendment and announcement of end of
period for election to participate.
-----------------------------------------------------------------------
SUMMARY: We are announcing to the public that veterinarians who are
currently accredited in the National Veterinary Accreditation Program
(NVAP) may continue to perform accredited duties and may elect to
continue to participate in the NVAP until October 1, 2011. The
regulations indicate that currently accredited veterinarians must elect
to continue their participation in the NVAP in order to maintain their
accredited status, after which we will confirm their continued
participation and notify them of their first renewal date. A previous
document announced that currently accredited veterinarians may continue
to perform accredited duties until further notice, even if they have
not received a date for their first accreditation renewal. That
document stated that we would specify a date by which veterinarians
would have to elect to participate in a subsequent document.
DATES: Effective Date: August 23, 2011.
FOR FURTHER INFORMATION CONTACT: Dr. Todd Behre, National Veterinary
Accreditation Program, VS, APHIS, 4700 River Road Unit 200, Riverdale,
MD 20737; (301) 851-3401.
SUPPLEMENTARY INFORMATION: The regulations in 9 CFR chapter I,
subchapter J (parts 160 through 162, referred to below as the
regulations), govern the accreditation of veterinarians and the
suspension and revocation of such accreditation. These regulations are
the foundation for the National Veterinary Accreditation Program
(NVAP). Accredited veterinarians are approved by the Administrator of
the Animal and Plant Health Inspection Service (APHIS), U.S. Department
of Agriculture, to perform certain regulatory tasks to control and
prevent the spread of animal diseases throughout the United States and
internationally.
On December 9, 2009 (74 FR 64998-65013, Docket No. APHIS-2006-
0093), we published a final rule in the Federal Register that amended
the regulations to establish two accreditation categories in place of
the former single category, to add requirements for supplemental
training and renewal of accreditation, and to offer program
certifications. The final rule was effective February 1, 2010, a date
intended to give us time to prepare to implement the new regulations,
which affect about 71,000 veterinarians who are currently accredited.
Section 161.3 of the final rule contained the requirements for
supplemental training and renewal of accreditation. Because accredited
veterinarians have not previously been required to renew their
accreditation or complete supplemental training, we established in
paragraph (d) of Sec. 161.3 a process allowing currently accredited
veterinarians to determine whether they wished to continue to
participate in the NVAP.
Paragraph (d) of Sec. 161.3 states that veterinarians who are
accredited as of February 1, 2010, may continue to perform accredited
duties between February 1, 2010, and the date of their first renewal.
In accordance with paragraph (d), APHIS provided notice for 3 months to
accredited veterinarians who were accredited as of February 1, 2010, to
notify them that they must elect to participate in the NVAP as a
Category I or Category II veterinarian. Paragraph (d) requires
veterinarians to elect to continue to participate within 3 months of
the end of the notification period, or their accredited status will
expire.
Paragraph (d) of Sec. 161.3 goes on to state that when APHIS
receives notice from an accredited veterinarian that he or she elects
to participate, APHIS will notify the accredited veterinarian of his or
her date for first renewal. The accredited veterinarian must then
complete all the training requirements for renewal, as described in
Sec. 161.3, by his or her first renewal date. The notification of the
first renewal date was thus intended to be the means by which APHIS
notifies an accredited veterinarian that we have received notice that
he or she has elected to participate and can thus continue performing
accredited duties.
In a notice published in the Federal Register and effective on
September 28, 2010 (75 FR 59605-59606, Docket No. APHIS-2006-0093), we
announced that currently accredited veterinarians may continue to
perform accredited duties until further notice, even if they have not
received a date for their first accreditation renewal from APHIS. We
stated that we would also allow currently accredited veterinarians to
continue to elect to participate in the NVAP. We took this action
because logistical difficulties had prevented us from processing the
elections to participate of all the currently accredited veterinarians
(over 50,000) who elected to participate. We stated that, when we are
closer to reaching the goal of processing those elections, we would
publish another document in the Federal Register that would amend Sec.
161.3(d) to indicate the date by which veterinarians must elect to
continue to participate in the NVAP.
We have determined that setting a deadline of October 1, 2011, will
allow adequate time for currently accredited veterinarians to elect to
continue participating, if they wish to do so, and for us to process
the elections to participate that we have received to this point and
any further elections to participate that may be submitted by that
date. Accordingly, this document amends Sec. 161.3(d) to indicate that
currently accredited veterinarians must elect to participate by October
1, 2011.
A Web seminar on the revisions to the NVAP and how to elect to
participate is
[[Page 52549]]
available at mms://ocbmtcwmp.usda.gov/content/aphis/aphis21.wmv.
List of Subjects in 9 CFR Part 161
Reporting and recordkeeping requirements, Veterinarians.
Accordingly, we are amending 9 CFR part 161 as follows:
PART 161--REQUIREMENTS AND STANDARDS FOR ACCREDITED VETERINARIANS
AND SUSPENSION OR REVOCATION OF SUCH ACCREDITATION
0
1. The authority citation for part 161 continues to read as follows:
Authority: 7 U.S.C. 8301-8317; 15 U.S.C. 1828; 7 CFR 2.22,
2.80, and 371.4.
Sec. 161.3 [Amended]
0
2. In Sec. 161.3, paragraph (d) is amended by removing the words
``within 3 months of the end of the notification period'' and adding
the words ``by October 1, 2011'' in their place.
Done in Washington, DC, this 17th day of August 2011.
Gregory L. Parham,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2011-21526 Filed 8-22-11; 8:45 am]
BILLING CODE 3410-34-P
